SC directives: Defence Secy issues circular to Forces Chiefs, IGP

Wasantha Ramanayake

Defence Secretary Gotabhaya Rajapaksa, in a circular submitted to the Supreme Court and issued to Security Forces Commanders and the IGP, has given instructions to stop arbitrary arrests, remove permanent checkpoints, allow roadside parking in consultation with local bodies and minimise the inconvenience caused to the public as a result of VIP movements.

Upon this submission, the Supreme Court yesterday directed the Defence Secretary to stop house searches from 9 p.m. until 6 in the following morning, unless there are any special reasons.

The Court however, noted that if there are compelling reasons to do so it should be only with the participation of Police officers attached to the local stations.

The Court made the directions following the submission of the circular by the Defence Secretary implementing a court order in a fundamental rights application filed by a resident of Panadura against the illegal arrest, detention and harassment by certain police officers attached to the Kirullapone Police.

Chief Justice Sarath N. Silva PC noted that the circular issued by the Defence Secretary to the three Forces Commanders and the IGP had not mentioned about the search operations conducted in households.

The Chief Justice also noted that chief occupant of the particular house would be held responsible if illegal arms are detected in his\her house.

In his circular to the Armed Forces and the Police, Defence Secretary Rajapaksa ordered not to set up any permanent checkpoints blocking traffic.

He had stated instead of any permanent checkpoints surprising vehicle checks could be carried out. The Defence Secretary had directed all the security personnel manning such points not to make any arbitrary arrests.

The Police are further directed to allow parking of vehicles at roadsides in consultation with the local authorities of the area. Parking by the roadsides could be restricted also with the consultation of the local bodies.

He stated that steps had been taken to minimise the inconvenience caused to the public during VIP movements.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Ms. Shirani Thilakawardane and Justice Raja Fernando.

The Court earlier delivering the judgement in the Rights plea noted that innocent citizens were unnecessarily harassed at checkpoints and directed the Defence Secretary to remove all checkpoints that would hinder the free movement of traffic and directed the Defence Secretary to apprise the Court of the steps taken to implement the Court order.